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Click here for the full text of this decision FACTS:The appellant, The Baytown Sun, appeals from the trial court’s orders, both dated May 15, 2003, granting summary judgment to the appellees City of Mont Belvieu and Strong Sports Management Inc. This case arises from the city’s refusal to disclose SSMI’s employee salary information in response to the appellant’s request under the Texas Public Information Act. The city and SSMI entered into a management agreement whereby SSMI, a professional sports management company, agreed to manage and operate the Eagle Pointe Recreation Complex owned by the city in exchange for payment of all direct and indirect out-of-pocket expenses incurred in connection with the complex and a monthly base management fee. The appellant filed a petition for a writ of mandamus with the trial court, seeking to compel the city to disclose the information sought. The trial court denied appellant’s motion for summary judgment and granted the city’s no-evidence summary judgment and SSMI’s summary judgment motions. HOLDING:Reversed and rendered. The provision of the agreement to which the city and SSMI refer provides: “SSMI shall prepare monthly accounting reports, including but not limited to sales journals/reports, payroll cost summaries by department, accounts receivable and inventory reports, based on generally accepted accounting principles” (emphasis added). Because this provision is not dispositive of the issue, the court looks to other provisions of the agreement to determine whether the city has a contractual right of access to SSMI’s employee salary information. The agreement provides that “SSMI shall maintain books and records relating to the business activities of the Complex separate from its other books and records.” Elsewhere it provides that the city “shall maintain one or more accounts for the purpose of collecting Complex revenues and disbursing approved Operating and Capital Expenses . . . “. Further, the parties agreed that “SSMI shall account to [the city] for all Complex expenses prior to payment by [the city]” and that “ SSMI shall establish and maintain one or more accounts . . . for the disbursement of payroll and related Complex expenses.” The use of the term account within the context of the above provisions, whether as a verb or a noun, necessarily requires that records or some sort of documentary evidence be kept concerning the relevant transactions. SSMI is therefore obligated under the terms of the agreement to maintain records of the salaries disbursed to its employees in connection with its management and operation of the complex. Because the city is entitled to “inspect the books and records of the Complex,” it has a right to access SSMI’s relevant payroll account records. Such employee salary information therefore constitutes public information under the act. The city claims that appellant lacks standing to enforce the request made by Mary Green for SSMI’s employee salary information. Citing Texas Government Code �552.321(a), the city argues that the appellant is merely attempting to litigate Green’s request, and therefore the appellant does not constitute a “requestor” under that provision. However, the evidence clearly reveals that on June 21, 2002, the appellant, acting through David Bloom and Allyson Gonzalez, made its own request under the act to obtain information concerning SSMI employee salaries. This request was even acknowledged by the city in a letter dated June 25, 2002, in which the city secretary, Phyllis Sockwell, informed the appellant that it would not disclose the salary information based upon an advisory opinion previously issued by the Attorney General’s office. The court finds that the appellant is a requestor under �552.321 and therefore has standing to bring suit. OPINION:Hedges, C.J.; Hedges, Frost and Guzman, JJ.

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